The Laval and Viking Cases Freedom of Services and Establishment v. Industrial Conflict in the European Economic Area & Russia

Author: Roger Blanpain; Andrzej Marian Swiatkowski
Publisher: Kluwer Law International
ISBN: 9789041128508
Published In: February 2009
Format: Paperback , 276 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Two recent decisions of the European Court of Justice – Laval and Viking Line – have ignited a politically explosive controversy over the role of collective labour actions in the European industrial market. Far from settling a long-standing contentious issue, it appears that the Court has brought opposing interests into sharper conflict, in the process also exacerbating tensions between ‘old’ and ‘new’ Member States. Although the ultimate impact of the two decisions on national labour law regimes is unpredictable, the need for a summing-up of trends so far is clearly advantageous to all concerned parties. To this end, in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following:

cross-border solidarity among workers;
collective action as a fundamental freedom;
the prospects for an EU minimum wage plan;
the ‘social partners’ approach to national labour law;
the harmonisation of social security standards; and
the scope of enforcement by Member State labour regulatory authorities.

The authors recognize that, in the interest of a unified European market, it is of prime concern to create a structured balance between the rights of employers to freely move their business entities and services and the rights of workers and their representative organizations to undertake actions protecting common work interests. The studies in this book allow lawyers, academics and policymakers to evaluate the degree to which this objective has been furthered or constrained by these two landmark cases, and to assess the direction in which national Member State labour law is moving as a result.

Features:

Analysis of the initial effects of Laval and Viking Line on national labour law regimes
Country-by-country analysis of the current position of collective labour actions under EU law
Analysis of the current role of labour regulatory authorities in EU Member States

Benefits:

Allows concerned parties to grasp the variety of trends in labour law stemming from Laval and Viking
Comparative approach enlarges the scope of potential strategies for practitioners and policymakers
Clearly identifies new elements affecting the protection of both economic and labour rights in Europe

Notes on Contributors. Foreword.

National Reports: Austria: National Report on Possible Effects on Austrian Labour Law Due to the Latest Judgements of the European Court of Justice on Fundamental Freedoms and Collective Actions; K. Grillberger, E. Felten.

Belgium: Laval and Viking; R. Blanpain. Influence of Laval and Viking upon Belgian Individual and Collective Labour Law; P. Humblet.

Denmark: The Viking Line and Laval Cases Seen from a Danish Perspective; R. Nielsen.

Estonia: Freedom of Services and Establishment and Industrial Conflict: Impact of the ECJ Cases on Estonian Labour Law; M. Muda.

Finland: ECJ and the Challenge of Understanding Collective Bargaining; N. Bruun. Germany: Freedom of Establishment versus Right to Collective Action: Developments in the Shadow of the Court; M. Schlachter.

Greece: The Impact of the ECJ Judgements Viking and Laval on Domestic Labour Rights: ‘Bolkenstein’ by the Back Door; N. Aliprantis, G. Katrougalos.

Hungary: Freedom of Services, Establishment and Industrial Conflicts: Country Report: Hungary; G. Kiss, E. Kajtár.

Italy: Viking and Laval: Impacts on the Right to Strike and Collective Autonomy in the Italian Legal System; G. Orlandini.

Lithuania: Strikes as ultima ratio Method of Social Conflicts Resolution: Lithuanian Case; D. Petrylaite.

Norway: Market Freedoms, Labour Market Regulation and Trade Union Rights: Worlds Apart in EU Law? S. Evju.

Poland: The Right of Trade Unions to Collective Action versus the Right to Freely Carry Out Economic Activity and the Right to Free Movement of Services within the European Union; A.M. Świątkowski.

Russia:Laval and Viking Cases: A View from Russia; N. Lyutov.

United Kingdom: British Labour Law after Laval and Viking; E. Szyszczak.

The Implications of Viking and Laval for UK Labour Law; T. Novitz.

Annex: Case C-341/05. Case C-438/05.